Earlier this month I attended a meeting of the WA State Geologist Licensing Board at UW Bellingham. I was there to speak in my capacity as a licensed professional, with an electrical Master's license and as a county commissioner with many concerned and/or impacted constituents.
The board members called attention to there being an unusually large turnout for this meeting. Most everyone was there for the same reason as I--a recent Attorney General office's (AGO) opinion that basically passed the baton back to this board.
There were a number of licensed scientists, one representing a much larger group of more licensed scientists. There were representatives of the BIAW (Building Industry Association of WA), property rights groups, punitively damaged citizens, a few Whatcom county employees and myself.
The AGO interpreted the issue under question to be: Must a person be a licensed geologist or hydrogeologist in order to perform any processes pertaining to wetlands as required under GMA (Growth Management Act)?
The AGO called out areas of the law where "others" are allowed to perform "functions" with provisions and showed Board Policy that gives "weight" to State Agency (DOE) interpretation of ambiguous statutes. The AGO then pointed out that the Licensing Board was given the authority to administer and enforce the statues.
I believe that many there would have liked to see the AGO answer the question: Can anyone other than a state licensed geologist be in "responsible charge" (approve, liable for) of geological work or conclusions?
After providing disclosure of my personal interest in the board's actions, I began to tell of the horrifying stories constituents share with me and how disheartening that is for an elected official. I then put on my licensed professional hat and spoke of how licensing requirements are created for consumer protection.
I told of the anywhere from 6 - 9 years of both targeted schooling and workforce guidance necessary to provide the required consumer protection for the electrical industry. Then reverting back to my elected official hat, I stated with certainty my opposition to licensing a "wetland scientist" who can achieve that certification with just a 72 hour course.
Land use cases have become the largest cost driver in insuring the counties against bankrupting legislation. We [the counties] cannot risk making determinations based on inadequate science and licensing anyone with less than a Bachelor of Science degree promotes exactly that.
After conveying that information to the board, I concluded my time with this statement: "Standing behind your state licensed experts would 1) provide the consumer protection as intended by law; 2) create a clearer path for counties to be able to protect the "individual rights" as required by our state constitution; and 3) encourage the "wetland scientists" to become fully credentialed in their chosen fields.